Contents
- Part 2 National parks
- Definitions for the National Parks (Scotland) Act 2000
- Duties in respect of National Parks
- Enforcement of National Park byelaws
- Modification of aims and purposes of National Parks
- National Park authorities as local authorities for access rights
- National Park proposals
- Policy statement on National Parks
- Reports on National Park proposals
- Part 3 Deer management
- Part 4 Miscellaneous and general
Part 2 · National parks
Definitions for the National Parks (Scotland) Act 2000
7Definitions for the National Parks (Scotland) Act 2000#
(1)Section 35 of the National Parks (Scotland) Act 2000 (interpretation) is modified as follows.
(2)In subsection (1)—
(a)before the definition of “community council”, insert—“• “biodiversity” has the same meaning as “biological diversity” in the United Nations Environmental Programme Convention on Biological Diversity of 5 June 1992 as amended from time to time (or in any United Nations Convention replacing that Convention),”
(b)after the definition of “community council”, insert—“• “cultural development” includes the development of arts, tangible and intangible cultural heritage, creative industries, and activities which reflect the diversity and distinctiveness of the area and its communities,”
Duties in respect of National Parks
8Duty to facilitate implementation of National Park Plans#
(1)Section 14 of the National Parks (Scotland) Act 2000 (duty to have regard to National Park Plans) is modified as follows.
(2)The existing text becomes subsection (1).
(3)In that subsection, for “have regard to” substitute “facilitate the implementation of”.
(4)After that subsection, insert—“2 The duty in subsection (1) applies to the Scottish Ministers, a National Park authority, a local authority and any other public body or office-holder only so far as is consistent with the proper exercise of their other functions (and only in relation to functions exercisable in or as regards Scotland which do not relate to reserved matters).3 For the purposes of this section, a reference to any other public body or office-holder is a reference to any other—a Scottish public authority, andb so far as not falling within paragraph (a), cross-border public authority (but only in relation to functions exercisable in or as regards Scotland which do not relate to reserved matters).”
(5)The section title becomes “Duty to facilitate implementation of National Park Plans”.
Enforcement of National Park byelaws
10Power to make regulations for the issuing of fixed penalty notices#
(1)The National Parks (Scotland) Act 2000 is modified as follows.
(2)After section 26, insert—“26A 1 The Scottish Ministers may by regulations make provision for and in connection with the issuing of fixed penalty notices for offences against National Park byelaws made under paragraph 8 of schedule 2 and specified under subsection (2)(a).2 Regulations under this section must specify—a the byelaws in relation to which fixed penalty notices may be issued, andb the persons who may issue fixed penalty notices.3 The persons who may be specified for the purposes of subsection (2)(b) are—a the persons, or categories of persons, that a National Park authority has authorised in writing for the purpose of issuing fixed penalty notices, andb such other persons, or categories of persons, as the Scottish Ministers consider appropriate.4 A fixed penalty notice provided for in regulations under this section must state—a the byelaw to which it relates,b particulars of the circumstances alleged to constitute the offence,c the date on which the fixed penalty notice is issued,d the amount of the fixed penalty,e the person to whom payment may be made and the person’s address,f the payment period,g the method by which payment may be made,h the effect of paying the fixed penalty within the payment period and the consequences of not paying the fixed penalty within that period,i details of any procedure for challenging or appealing the fixed penalty notice.5 Regulations under this section may, in particular, include provision—a specifying the form and content of a fixed penalty notice,b specifying how a person or category of persons may be authorised to issue fixed penalty notices,c conferring powers to enter land (other than dwelling-houses) for or in connection with the issuing of a fixed penalty notice,d about the circumstances in which fixed penalty notices may or may not be issued (including any test which must be satisfied before a person authorised to issue such notices may do so),e about the withdrawal of fixed penalty notices including when it is permissible, the effects of such withdrawal and the procedure by which the withdrawal is effected,f specifying the amount of the fixed penalty which is to apply to an offence (including different amounts for different purposes), being not more than level 2 on the standard scale,g specifying the person to whom payment may be made (who need not be the person who issued the fixed penalty notice),h specifying the payment period,i about the circumstances in which a person to whom a fixed penalty notice is issued may decline the notice or otherwise object to or challenge it (including the period within which the person may do so and the procedure for doing so),j about the effects of failing to decline or otherwise object to or challenge a fixed penalty notice before the end of the period specified for doing so (including that such failure is deemed to be acceptance of the notice),k conferring on the person who issued the fixed penalty notice or the person to whom payment may be made the power to extend the payment period in any particular case if the person considers it appropriate to do so,l about the methods by which fixed penalties may be paid,m for the amount of a fixed penalty to be discounted or increased by an amount or percentage in circumstances specified by the regulations (but not so as to make the amount payable more than level 2 on the standard scale),n specifying the effect of paying a fixed penalty within the payment period (for example, that no proceedings may be brought in respect of the offence to which the fixed penalty notice relates),o about the consequences of not paying a fixed penalty within the payment period (including the ability to refer offences for prosecution and how liability to pay the penalty may be enforced),p for additional procedure relating to fixed penalty notices (for example to make provision for hearings or appeals),q for the destination of funds, the keeping of accounts and the preparation and publication of statements of account relating to fixed penalties provided for under the regulations,r specifying persons who may prepare and publish guidance on issuing fixed penalty notices (including when prosecution is more appropriate),s creating offences relating to—i the obstruction of a person who is exercising functions in relation to fixed penalty notices,ii a failure to provide information requested in connection with a fixed penalty notice.6 The maximum penalty that may be provided for in regulations under this section creating an offence is, on summary conviction, a fine not exceeding level 2 on the standard scale.7 Before making regulations under this section, the Scottish Ministers must consult such persons as they consider to be interested in or affected by the issuing of fixed penalty notices for National Park byelaw offences.8 Subsection (9) applies where the Scottish Ministers are considering making regulations to specify byelaws in relation to which fixed penalty notices may be issued.9 Where this subsection applies, the Scottish Ministers may—a delegate their duty to consult under subsection (7) to the National Park authority which made (or proposes to make) the byelaw, but only insofar as it relates to which byelaws (or proposed byelaws) are to be specified, andb require the National Park authority to provide them with a report on the consultation in such terms as they may specify when making the delegation.10 Delegation of a function under subsection (9) does not affect the Scottish Ministers’ ability to exercise that function.11 Regulations under this section—a are subject to the negative procedure if the regulations are only—i removing a reference to a byelaw which has been revoked, orii specifying, for the purpose of subsection (2)(a), a byelaw which has been made to replace a byelaw (with or without modification) which was previously specified and which has substantially the same effect,b are otherwise subject to the affirmative procedure.12 Regulations under this section may also make—a incidental, supplemental, consequential, transitional, transitory or saving provision that the Scottish Ministers think necessary or expedient,b different provision for different purposes.13 In this section—• “fixed penalty notice” means a notice specifying a sum of money that may or must be paid as an alternative to prosecution for an offence,• “payment period” means the period of time within which a fixed penalty may or must be paid.”
Modification of aims and purposes of National Parks
3Aims of National Parks#
(1)The National Parks (Scotland) Act 2000 is modified as follows.
(2)For section 1 (the National Park aims), substitute—“1 1 In this Act, references to the National Park aims are to the following aims in relation to the area of a National Park—a to conserve and enhance the area’s natural and cultural heritage,b to promote sustainable management and use of the area’s natural resources,c to promote public understanding and enjoyment of the area’s natural and cultural heritage, andd to promote sustainable economic, social and cultural development of the area’s communities.2 Without limit to the generality of subsection (1), those aims include—a restoring and regenerating biodiversity in the area,b mitigating and adapting to climate change,c supporting access to and within the area,d encouraging recreation in the area,e encouraging sustainable and regenerative agriculture,f promoting sustainable tourism and visitor management, andg promoting sustainable economic growth and development activity which—i improves the health and wellbeing of individuals who visit, live and work in the area, andii supports the prosperity of communities in the area, including in relation to the provision of housing for people to live and work in the area.3 The Scottish Ministers, a National Park authority, a local authority and any other public body or office-holder must, in exercising functions so far as affecting a National Park (and only in relation to functions exercisable in or as regards Scotland which do not relate to reserved matters), have regard to the National Park aims set out in subsection (1).4 For the purposes of this section, a reference to any other public body or office-holder is a reference to any other—a Scottish public authority, andb so far as not falling within paragraph (a), cross-border public authority (but only in relation to functions exercisable in or as regards Scotland which do not relate to reserved matters).”
(3)In section 9(6) (general purpose and functions of National Park authority), for “1(a)” in each place it occurs substitute “1(1)(a)”.
(4)In section 31(1) (application in relation to marine areas), for “1(d)” substitute “1(1)(d)”.
(5)In paragraph 3 of schedule 3, for “special qualities of the National Park” substitute “National Park area’s natural and cultural heritage”.
National Park proposals
5Advice before making National Park proposals#
(1)The National Parks (Scotland) Act 2000 is modified as follows.
(2)In section 2, after subsection (2) insert—“2A Before making a proposal under subsection (1) the Scottish Ministers must have regard to advice provided under section 2A.”
(3)After section 2, insert—“2A 1 Before making a National Park proposal, the Scottish Ministers must seek expert advice on the matters set out in subsection (2) from such persons as the Scottish Ministers consider to have expertise relevant to the National Park aims and the conditions for designation set out in section 2(2).2 The matters are, in relation to the National Park aims and conditions for designation—a the management needs of the area,b whether designation as a National Park could—i improve the management of the area, andii help to meet the special needs of the area, andc such other matters relating to the designation of a National Park as the Scottish Ministers consider appropriate.3 The Scottish Ministers must, as soon as reasonably practicable after the expert advice has been provided, lay a copy of the advice before the Scottish Parliament.”
Policy statement on National Parks
4Policy statement on National Parks#
(1)The National Parks (Scotland) Act 2000 is modified as follows.
(2)After section 1 (the National Park aims), insert—“1A 1 The Scottish Ministers must, for each reporting period, prepare and publish a National Parks policy statement.2 The policy statement must in particular set out—a the Scottish Ministers’—i policy direction in relation to National Parks,ii vision for National Parks, andiii proposed outcomes resulting from the policy direction and vision,b how new and existing duties on public bodies in relation to National Parks are expected to operate.3 In this section, the “reporting period” is the period of 10 years beginning with the day on which section 3 of the Natural Environment (Scotland) Act 2026 comes into force and each subsequent period of 10 years.”
Reports on National Park proposals
6Choice of reporter for National Park proposals#
(1)Section 3 of the National Parks (Scotland) Act 2000 (reports on National Park proposals) is modified as follows.
(2)For subsection (1), substitute—“1 The Scottish Ministers may appoint a person or body appearing to them to have expertise relevant to the National Park aims (the “reporter”) to consider and report on a National Park proposal.1A In an appointment under subsection (1), the Scottish Ministers may require the reporter to report to them—a by such date as may be specified in the appointment, andb on such matters set out in subsection (2) as may be specified in the appointment.”
(3)In subsection (2)(e), for “the requirement may specify” substitute “may be specified in the appointment”.
(4)In subsection (3)—
(a)for “impose a requirement” substitute “make an appointment”,
(b)for “person who is to provide the report (the “reporter”)” substitute “reporter”.
(5)For subsection (4), substitute—“4 The Scottish Ministers may appoint more than one reporter under subsection (1), and if so—a may impose different requirements on different reporters,b may modify the application of subsection (5) in relation to any reporter, butc must require the reporters to provide their reports in a single document.”
(6)In subsection (5)—
(a)in paragraph (a), for “requirement” substitute “appointment”,
(b)in paragraph (b), for “requirement” substitute “appointment”.
(7)In subsection (7), for “requirement” substitute “appointment”.
(8)In subsection (9)(a), for “requirement” substitute “appointment”.
Part 3 · Deer management
Aims and purposes of deer management
11Aims and purposes of deer management#
(1)In the Deer (Scotland) Act 1996 (in this Part referred to as “the 1996 Act”), section 1 (the Deer Commission for Scotland) is modified as follows.
(2)In subsection (1), for paragraph (a), substitute—“a in accordance with the provisions of this Act—i to further the conservation of deer native to Scotland,ii to promote the sustainable management of deer,iii to ensure the effective and humane control of deer,iv to safeguard the public interest in so far as it relates to the management and control of deer, andv to keep under review all matters relating to deer, including their welfare, and”
(3)In subsection (1A), after “the” insert “aims, purposes and”,
(4)In subsection (2)—
(a)in paragraph (a), after “heritage” insert “and environment”,
(b)the “and” immediately following paragraph (d) is repealed,
(c)after paragraph (e), insert “and“f to the extent not already covered, the public interest in the appropriate and sustainable management and effective control of deer.”
(5)The section title becomes “Aims and purposes of deer management”.
Code of practice on deer management
13Code of practice on deer management#
(1)The 1996 Act is modified as follows.
(2)In section 5A (code of practice on deer management), in subsection (1), after “management” insert “and the circumstances in which it may intervene in the management or control of deer”.
(3)In section 5B (review of compliance with code of practice on deer management)—
(a)in subsection (1), for “must, before the expiry of the period mentioned in subsection (4),” substitute “may, at any time,”,
(b)after subsection (1), insert—“1A SNH must carry out a review under subsection (1)—a if required to do so by the Scottish Ministers,b within such period as it considers appropriate following a replacement code or revision (other than a minor revision) of the code coming into effect, andc otherwise, not less than once in each review period.”
(c)after subsection (1A) insert—“1B When carrying out a review under subsection (1), SNH must consult—a persons who have an interest in deer management,b persons with practical experience of deer management.1C SNH must publish—a details of the consultation undertaken under subsection (1B), including any consultation documents or materials,b the results of that consultation, including any views expressed by the persons mentioned in paragraphs (a) and (b) of subsection (1B).”
(d)for subsection (4), substitute—“4 For the purposes of subsection (1A), “review period” means each period of 10 years beginning with the date on which the Scottish Ministers most recently laid a report before the Scottish Parliament under subsection (3).”
Membership of advisory panels
National deer management and venison plan
23National deer management and venison plan#
After section 40A of the 1996 Act, insert—“40B 1 The Scottish Ministers must, within the period of 5 years beginning with the day on which this section comes into force, prepare a plan about the management of deer and the promotion of venison in Scotland.2 The plan prepared under subsection (1) must include—a a statement of priorities in relation to deer management in Scotland,b the measures and actions that the Scottish Ministers intend to take in relation to—i the management of deer found in Scotland’s lowland areas (as defined in the plan),ii current and emerging deer management concerns, including any species specific concerns,iii the venison industry, key venison facilities and venison supply chains,iv identifying financial support for deer management, including how it can be most efficiently used,c data which the Scottish Ministers consider relevant to the management of deer, including deer and urban deer population information, and national spread information,d any other matter relating to deer management or promotion of venison that the Scottish Ministers consider appropriate.3 The Scottish Ministers must review and update the plan—a before the end of the period of 10 years beginning with the date on which the first plan was published under subsection (5), andb before the end of each subsequent period of 10 years.4 When preparing a plan under subsection (1), or reviewing and updating a plan under subsection (3), the Scottish Ministers must consult—a SNH,b such persons as they consider represent the interests of—i persons undertaking deer management,ii the venison industry, andiii the environmental and nature restoration sector, andc such other persons as they consider appropriate.5 The Scottish Ministers must, as soon as reasonably practicable after preparing a plan under subsection (1), or reviewing and updating a plan under subsection (3)—a lay the plan before the Scottish Parliament, andb publish the plan.6 In this section, “venison” means any part of the carcase of a deer which is edible by humans.7 The Scottish Ministers may by regulations modify subsection (2) to add, adjust or remove information that must be included in a plan.8 Regulations under subsection (7) are subject to the affirmative procedure.”
24National deer management and venison plan: matters which may be considered#
After section 40B of the 1996 Act, insert—“40C The Scottish Ministers, when preparing a plan or reviewing and updating a plan under section 40B, may in particular have regard to—a the different circumstances in which deer are managed,b the challenges of managing deer in different circumstances including the terrain, species of deer present and cost,c the characteristics and numbers of deer present, including differences in behaviour between species,d in relation to the priorities identified in the plan, the importance of balancing social, economic, environmental and deer welfare considerations.”
25National deer management and venison plan: initial consideration of matters relating to venison#
After section 40C of the 1996 Act, insert—“40D 1 Before preparing a plan or reviewing and updating a plan under section 40B, the Scottish Ministers must consider what barriers (if any) exist in relation to the effective operation of venison processing facilities.2 When considering the matter in subsection (1), the Scottish Ministers must consult—a such persons as they consider represent the interests of the venison industry, andb such other persons as they consider appropriate.3 Any consultation under subsection (2) which would to any extent have satisfied sub-paragraph (ii) of section 40B(4)(b), that sub-paragraph may to that extent be taken to have been satisfied.”
Preventing or stopping damage by deer
21Measures to prevent damage by deer#
(1)The 1996 Act is modified as follows.
(2)In section 10 (emergency measures to prevent damage by deer)—
(a)in subsection (1)—
(i)in paragraph (a)(i), after “to” where it first occurs insert “the natural heritage, environment,”,
(ii)paragraph (b) is repealed,
(b)in subsection (4), after “opinion is” insert “fit and”.
(3)Section 11 (application of section 10 in relation to the natural heritage) is repealed.
22Action to prevent or stop harm to persons#
(1)The 1996 Act is modified as follows.
(2)After section 25, insert—“25A A person is not guilty of an offence under this Act (or any order made under it) in respect of an act done for the purpose of preventing or stopping a deer from causing harm to a person (including the person taking action) if—a the harm is likely and imminent or is occurring,b the person reasonably believes that the action taken is necessary to prevent or stop the harm,c the action taken is appropriate in the circumstances, andd within the period of 5 working days beginning with the day on which the action was taken, the person reports the action taken and, if appropriate, the location of any deer carcase to the Police Service of Scotland.”
(3)In section 5(5) (close seasons), after “25”, insert “and 25A”.
(4)In section 17 (unlawful killing, taking and injuring of deer)—
(a)in subsection (1), for “section 25” substitute “sections 25 and 25A”,
(b)in subsection (2), for “section 25” substitute “sections 25 and 25A”,
(c)in subsection (3), for “section 25” substitute “sections 25 and 25A”.
(5)In section 17A(5) (register of persons competent to shoot deer), for “purpose mentioned in section 25” substitute “purposes mentioned in sections 25 and 25A”.
(6)In section 18(1) (taking or killing at night), after “25” insert “and 25A”.
Review of modifications
40Review of modifications to the Deer (Scotland) Act 1996#
(1)The Scottish Ministers must, within 10 years of the day on which this section comes into force, prepare and publish a report on the operation and effectiveness of the provisions of the 1996 Act which are modified by this Part.
(2)The report prepared under subsection (1) must include an assessment of the operation and effectiveness of the provisions of the 1996 Act as modified by this Part against the following objectives—
(a)protecting and restoring the natural heritage and environment,
(b)achieving the aims and purposes of deer management set out by section 1 of the 1996 Act, and
(c)improving standards of welfare for deer.
(3)When preparing the report, the Scottish Ministers must consult—
(a)Scottish Natural Heritage, and
(b)such other persons as the Scottish Ministers consider appropriate.
(4)The report prepared under subsection (1) must include—
(a)a statement of any action the Scottish Ministers intend to take, and
(b)where the Scottish Ministers do not intend to take any action, their reasons for not taking action.
(5)The Scottish Ministers must lay the report before the Scottish Parliament and, at the same time, send a copy of the report to a committee of the Parliament whose remit includes matters relating to deer management for the time being appointed by virtue of the standing orders of the Parliament.
(6)In this section—• “deer” is to be construed in accordance with section 45 of the 1996 Act,• “natural heritage” is to be construed in accordance with section 45(1) of the 1996 Act.
SNH investigatory powers
Part 4 · Miscellaneous and general
Forestry
52Sustainable forest management#
(1)The Forestry and Land Management (Scotland) Act 2018 is modified as follows.
(2)After section 8, insert—“8A 1 The Scottish Ministers may by regulations make further provision in connection with sustainable forest management (including the implementation of the forestry strategy).2 Regulations under this section may, in particular—a require specified persons to comply with specified requirements of the UK Forestry Standard,b provide for the issuing of a remedial notice under section 54(1) in respect of a failure to comply with such a specified requirement,c make provision about circumstances in which the specified requirements do not apply.3 Before making regulations under this section, the Scottish Ministers must consult—a persons that they consider are representative of the forestry sector in Scotland, andb such other persons as they consider appropriate.4 In the event that there is a new edition of the UK Forestry Standard endorsed by the Scottish Ministers, the Scottish Ministers must—a review any regulations made under this section, andb if appropriate, lay a draft of a Scottish statutory instrument containing regulations updating the regulations before Parliament.5 For the purpose of this section—a “the UK Forestry Standard” means—i the fifth edition of the technical standard for sustainable forest management, published in 2023 and endorsed by the Scottish Ministers,ii the most recently published subsequent edition of such standard which is endorsed by the Scottish Ministers, oriii in the event of there being no published UK Forestry Standard which is endorsed by the Scottish Ministers, such other document as the Scottish Ministers consider most similar to the UK Forestry Standard,b “specified” means specified in the regulations.”
(3)In section 22 (key terms in Part 4), after the definition of “temporary stop notice” insert—“• “UKFS requirement” means a requirement specified in regulations made under section 8A(1).”
(4)In section 53 (power of entry: failure to comply)—
(a)in subsection (1)—
(i)the “or” immediately following paragraph (e) is repealed,
(ii)after paragraph (f), insert “, org a UKFS requirement.”
(b)in subsection (2), for “or (as the case may be) the notice” substitute “, the notice or (as the case may be) the UKFS requirement”,
(c)in subsection (3), after paragraph (c) insert—“d in the case of a UKFS requirement, the land on which the particular forestry activity to which the UKFS requirement relates is taking place.”
(5)In section 54 (remedial notices)—
(a)in subsection (1)—
(i)the “or” immediately following paragraph (c) is repealed,
(ii)after paragraph (d), insert “, ore a UKFS requirement.”
(b)in subsection (3), for “or (as the case may be) registered notice to comply” substitute “, registered notice to comply or (as the case may be) UKFS requirement”.
(6)In section 76 (regulations), in subsection (2), before paragraph (a) insert—“za section 8A(1),”
(7)In schedule 3 (index of defined expressions), at the appropriate place insert—“”
53Forestry: offence of unauthorised felling#
(1)The Forestry and Land Management (Scotland) Act 2018 is modified as follows.
(2)In section 23 (offence of unauthorised felling)—
(a)in subsection (1), after “fells” insert “or knowingly causes or permits another person to fell”,
(b)after subsection (3), insert—“4 It is a defence for a person charged with an offence under subsection (1) to show that the person reasonably believed that the felling was carried out in accordance with a permission, direction or notice mentioned in paragraph (b)(i) to (vi) of that subsection.”
General
57Regulations#
(1)A power to make regulations conferred by this Act includes the power to make—
(a)different provision for different purposes or areas, and
(b)incidental, supplemental, consequential, transitional, transitory or saving provision.
(2)This section does not apply to section 59.
58Ancillary provision#
(1)The Scottish Ministers may by regulations make any incidental, supplementary, consequential, transitional, transitory or saving provision they consider appropriate for the purposes of, or in connection with, or for giving full effect to this Act or any provision made under it.
(2)Regulations under this section may—
(a)modify any enactment (including this Act), and
(b)make different provision for different purposes.
(3)Regulations under this section—
(a)are subject to the affirmative procedure if they add to, replace or omit any part of the text of an Act, but
(b)otherwise, are subject to the negative procedure.
59Commencement#
(1)This section and sections 57, 58 and 60 come into force on the day after Royal Assent.
(2)The other provisions of this Act come into force on such day as the Scottish Ministers may by regulations appoint.
(3)Regulations under this section may—
(a)make different provision for different purposes or areas,
(b)include transitional, transitory or saving provision.
Gulls
45Report on gull population#
(1)Scottish Natural Heritage (in this section referred to as “SNH”) must, in respect of each reporting period, prepare and publish a report on the gull population in coastal and urban areas of Scotland.
(2)A report under subsection (1) must—
(a)provide information about the gull population in coastal and urban areas,
(b)set out (so far as possible) any shift or trend in the distribution of gulls between coastal and urban areas,
(c)include any other matter relating to the gull population in coastal and urban areas as SNH consider appropriate.
(3)In subsection (1), “reporting period” means—
(a)in the case of the first report, the period of 5 years beginning with the day after Royal Assent,
(b)each subsequent period of 5 years.
Muirburn
55Muirburn licensing: making muirburn for purpose of approved training course#
(1)The Wildlife Management and Muirburn (Scotland) Act 2024 is modified as follows.
(2)In section 13 (application for muirburn licence), in subsection (2)—
(a)in paragraph (a), after sub-paragraph (vi) insert—“vii training as part of a training course approved under section 17,”
(b)in paragraph (b), after sub-paragraph (iv) insert— “v training as part of a training course approved under section 17.”
(3)In section 14 (grant of muirburn licence), in subsection (2)—
(a)in paragraph (a), after “(ii)” insert “or (b)(i) to (iii)”,
(b)in paragraph (b), for “(vi)” substitute “(vii) or (b)(iv) or (v)”.
Wildfires
49Wildfires: enabling local authorities to issue fixed penalty notices#
(1)The Local Government (Scotland) Act 1973 is modified as follows.
(2)In section 201 (byelaws for good rule and government)—
(a)in subsection (3), at the beginning, insert “Subject to subsection (4),”,
(b)after subsection (3) insert—“4 Without limit to the generality of subsection (1), a local authority may make byelaws in connection with the prevention of wildfire (including, in particular, by prohibiting or regulating the lighting and control of a fire or any activity likely to cause a fire).”
(3)After section 204 insert—“204A 1 The Scottish Ministers may by regulations make provision for and in connection with the issuing of fixed penalty notices in respect of any byelaws made under section 201 which relate to the prevention or suppression of wildfires.2 Regulations under this section must specify—a the byelaws in relation to which fixed penalty notices may be issued, andb the persons who may issue fixed penalty notices.3 The persons who may be specified for the purposes of subsection (2)(b) are—a the persons, or categories of persons, that a local authority has authorised in writing for the purpose of issuing fixed penalty notices, andb such other persons, or categories of persons, as the Scottish Ministers consider appropriate.4 A fixed penalty notice provided for in regulations under this section must state—a the byelaw to which it relates,b particulars of the circumstances alleged to constitute the offence,c the date on which the fixed penalty notice is issued,d the amount of the fixed penalty,e the person to whom payment may be made and the person’s address,f the payment period,g the method by which payment may be made,h the effect of paying the fixed penalty within the payment period and the consequences of not paying the fixed penalty within that period,i details of any procedure for challenging or appealing the fixed penalty notice.5 Regulations under this section may, in particular, include provision—a specifying the form and content of a fixed penalty notice,b specifying how a person or category of persons may be authorised to issue fixed penalty notices,c conferring powers to enter land (other than dwelling-houses) for or in connection with the issuing of a fixed penalty notice,d about the circumstances in which fixed penalty notices may or may not be issued (including any test which must be satisfied before a person authorised to issue such notices may do so),e about the withdrawal of fixed penalty notices including when it is permissible, the effects of such withdrawal and the procedure by which the withdrawal is effected,f specifying the amount of the fixed penalty which is to apply to an offence (including different amounts for different purposes), being not more than level 2 on the standard scale,g specifying the person to whom payment may be made (who need not be the person who issued the fixed penalty notice),h specifying the payment period,i about the circumstances in which a person to whom a fixed penalty notice is issued may decline the notice or otherwise object to or challenge it (including the period within which the person may do so and the procedure for doing so),j about the effects of failing to decline or otherwise object to or challenge a fixed penalty notice before the end of the period specified for doing so (including that such failure is deemed to be acceptance of the notice),k conferring on the person who issued the fixed penalty notice or the person to whom payment may be made the power to extend the payment period in any particular case if the person considers it appropriate to do so,l about the methods by which fixed penalties may be paid,m for the amount of a fixed penalty to be discounted or increased by an amount or percentage in circumstances specified by the regulations (but not so as to make the amount payable more than level 2 on the standard scale),n specifying the effect of paying a fixed penalty within the payment period (for example, that no proceedings may be brought in respect of the offence to which the fixed penalty notice relates),o about the consequences of not paying a fixed penalty within the payment period (including the ability to refer offences for prosecution and how liability to pay the penalty may be enforced),p for additional procedure relating to fixed penalty notices (for example to make provision for hearings or appeals),q for the destination of funds, the keeping of accounts and the preparation and publication of statements of account relating to fixed penalties provided for under the regulations,r specifying persons who may prepare and publish guidance on issuing fixed penalty notices (including when prosecution is more appropriate),s creating offences relating to—i the obstruction of a person who is exercising functions in relation to fixed penalty notices,ii a failure to provide information requested in connection with a fixed penalty notice.6 The maximum penalty that may be provided for in regulations under this section creating an offence is, on summary conviction, a fine not exceeding level 2 on the standard scale.7 Before making regulations under this section, the Scottish Ministers must consult—a persons that they consider to be representative of local authorities, andb such other persons as they consider to be interested in or affected by the issuing of fixed penalty notices in respect of any byelaws made under section 201 which relate to the prevention or suppression of wildfires.8 Regulations under this section—a are subject to the negative procedure if the regulations are only—i removing a reference to a byelaw which has been revoked, orii specifying, for the purpose of subsection (2)(a), a byelaw which has been made to replace a byelaw (with or without modification) which was previously specified and which has substantially the same effect,b are otherwise subject to the affirmative procedure.9 Regulations under this section may also make—a incidental, supplemental, consequential, transitional, transitory or saving provision that the Scottish Ministers think necessary or expedient,b different provision for different purposes.10 In this section—• “fixed penalty notice” means a notice specifying a sum of money that may or must be paid as an alternative to prosecution for an offence,• “payment period” means the period of time within which a fixed penalty may or must be paid.”
Improvement plans under the European Union (Continuity) (Scotland) Act 2021
54Procedure to approve improvement plans#
(1)Section 30 of the UK Withdrawal from the European Union (Continuity) (Scotland) Act 2021 (improvement plan) is modified as follows.
(2)In subsection (3), in the opening words after “Parliament” insert “for approval”.
(3)In subsection (5)—
(a)in the opening words, for the words from “, within” to “approved” substitute “the Parliament does not resolve to approve the plan”,
(b)in paragraph (b), for “resolved not to approve the plan” substitute “did not resolve to approve the plan”.
(4)Subsection (8) is repealed.
Marine protection
42Nature conservation marine protected areas: climate adaptation#
(1)The Marine (Scotland) Act 2010 is modified as follows.
(2)In section 68 (Nature Conservation MPAs: additional requirements relating to designation), in subsection (7)—
(a)for “may” substitute “must”,
(b)after fourth “to” insert “climate adaptation and”.
Ramsar sites
51Further provision about Ramsar sites#
(1)The Nature Conservation (Scotland) Act 2004 is modified as follows.
(2)After section 38, insert—“38A 1 The Scottish Ministers must by regulations make provision for and in connection with the preservation and protection of designated wetlands.2 Without limit to the generality of subsection (1), regulations under this section may—a make provision about—i the identification and listing of wetlands,ii the conservation of designated wetlands, including by setting conservation objectives, andiii monitoring designated wetlands,b modify the Conservation (Natural Habitats, &c.) Regulations 1994 (S.I. 1994/2716) (“the habitats regulations”),c apply particular provisions of the habitats regulations to designated wetlands,d modify or apply any other enactment (including this Act),e create or apply offences and penalties,f confer a power of entry to land (other than a dwelling-house).3 The maximum penalty that may be provided for in regulations under this section creating an offence is—a on summary conviction, a fine not exceeding level 5 on the standard scale,b on indictment, a fine.4 Before making regulations under this section, the Scottish Ministers must—a consult—i SNH,ii Environmental Standards Scotland, andiii any other persons that the Scottish Ministers consider likely to be affected by or interested in the regulations, andb be satisfied that making the regulations will maintain or improve the level of environmental protection existing in law at the time the statement is made.5 The Scottish Ministers must, at the same time as laying any regulations under subsection (1), lay before the Scottish Parliament a statement explaining why they are satisfied that the regulations will maintain or improve the level of environmental protection existing in law at the time the statement is made.6 Regulations under this section must be made within the period of 5 years beginning with the day on which the Bill for the Natural Environment (Scotland) Act 2026 receives Royal Assent.7 In this section, “designated wetlands” means wetlands designated as described in section 38(1).8 Regulations under subsection (1) are subject to the affirmative procedure.”
(3)In section 53 (orders and regulations: general), in subsection (4), after “2G,” (inserted by section 1(4) of this Act), insert “38A,”.
Scallop shells
46Guidance about scallop shells#
(1)The Scottish Ministers must issue guidance in relation to the by-products conditions and the end-of-waste conditions for scallop shells.
(2)The waste regulation authority is to have regard to any guidance issued under this section in relation to the exercise of its functions.
(3)Before issuing guidance under this section, the Scottish Ministers must consult—
(a)the Scottish Environment Protection Agency,
(b)Food Standards Scotland,
(c)such other persons as they consider appropriate.
(4)The Scottish Ministers must—
(a)issue guidance under subsection (1) within the period of 1 year beginning with the date this section comes into force, and
(b)publish any guidance issued.
(5)In this section—
(a)a reference to the by-products conditions is a reference to the conditions listed in regulation 15(3) of the Waste and Agriculture (Legislative Functions) Regulations 2022 (S.S.I. 2022/190),
(b)a reference to the end-of-waste conditions is a reference to the conditions listed in regulation 16(3) of the Waste and Agriculture (Legislative Functions) Regulations 2022 (S.S.I. 2022/190),
(c)the waste regulation authority is to be construed in accordance with section 30(1)(b) of the Environmental Protection Act 1990,
(d)“scallop shells” means the shells of king scallops (Pecten maximus) and queen scallops (Aequipecten opercularis).
Wildlife licensing
47Licensing: protection of mountain hares#
(1)Section 16 of the Wildlife and Countryside Act 1981 (power to grant licenses) is modified as follows.
(2)In subsection (3), after paragraph (e) insert—“ea for the purpose of falconry to kill or take mountain hares (Lepus Timidus) during the period beginning with 1 October and ending with the last day of February,”
48Licensing: land on which certain birds may be killed or taken#
(1)Section 16AA of the Wildlife and Countryside Act 1981 (“the 1981 Act”) (licensing: land on which certain birds may be killed or taken) is modified in accordance with subsections (2) to (5).
(2)In subsection (4), for paragraph (c), substitute—“c describe the area of land to which the applicant proposes the licence should relate,”
(3)After subsection (5) insert—“5A The relevant authority may—a where it considers it reasonable and appropriate to do so, propose to the applicant a different area to which the licence is to relate from that specified in the application, together with reasons for such a proposal, andb if unable to reach agreement with the applicant as to what is an appropriate area of land to which the licence is to relate, refuse the application.”
(4)In subsection (9)(b)(ii)(A), for the words “on the land” substitute “that supports or benefits the activities permitted by the licence,”.
(5)After subsection (9) insert—“9A The relevant authority may not modify a licence under subsection (9)(a) to identify a different area of land to which the licence relates from that which was identified when the licence was granted without the prior agreement of the licence holder.”
(6)The relevant authority may not suspend or revoke a relevant section 16AA licence under section 16AA(9)(b)(ii)(A) of the 1981 Act, as amended by subsection (4) of this section, in relation to a relevant offence (or conduct which the relevant authority is satisfied constitutes such an offence) committed prior to the coming into force of subsection (4), unless the relevant offence (or conduct) was committed on the land to which the licence relates.
(7)For the purpose of subsection (6)—
(a)“relevant authority” and “relevant offence” are to be construed in accordance with section 16AA(13) of the 1981 Act,
(b)“section 16AA licence” is to be construed in accordance with section 16AA(1) of the 1981 Act and a “relevant section 16AA licence” means a section 16AA licence which was granted prior to the coming into force of this section.
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